Richmond Municipal Code Ch. 9.16 Food Establishments

As used in this chapter, the following words and phrases shall have the meanings given in this section:

(a) "Food-handling establishment" includes restaurants and food selling and processing establishments; but this chapter shall not apply to meat, milk, and poultry processing establishments, frozen food lockers, canneries, and slaughterhouses inspected by federal or state agencies nor to other similar establishments for the packing, treatment, and processing of agricultural products and crops of all kinds (including, but not limited to establishments for the packing, treating, canning, freezing, dehydrating, and other processing and packaging of agricultural products and crops and the manufacture or other processing of their by-products) where these establishments or their products are subject to inspection by federal or state agencies to insure the products are sanitary and suitable for human consumption and where the products are not sold or delivered directly to the ultimate consumer.

(b) "Restaurant" means any restaurant, coffee shop, cafeteria, short-order cafe, luncheonette, tavern, sandwich stand, soda fountain, vehicle, or other eating or drinking establishment which sells or offers food or drink for sale to the public, as well as kitchens in which food or drink is prepared on the premises for sale or distribution elsewhere.

(c) "Food-selling and processing establishment" means any room, building, vehicle, facility, structure, or place or portion thereof, whether stationary or movable, permanent or temporary, maintained or used for commercially selling, storing, packaging, transporting, making, cooking, mixing, processing, bottling, canning, packing, slaughtering, or otherwise preparing or handling food, or vendors servicing vending machines, handling unwrapped, unbottled, or unpackaged, or readily perishable food. Not included are restaurants, tank trucks, fresh produce trucks, farm trucks, vehicles delivering only nonperishable food products in sealed, wrapped, or bottled containers, or vending machines dispensing only bottled beverages or wrapped candy.

(d) "Food" includes all articles used for food, drink confectionery, or condiment, whether simple or compound, and all substances and ingredients used in their preparation.

(e) "Employee" means any person who, with or without pay, works or handles food in a food-handling establishment or who offers food for sale.

(f) "Utensils" include kitchenware, tableware, glassware, cutlery, containers, machinery, implements, receptacles, supplies or other equipment used for the storage, preparation, distribution, or serving of food or drink.

(g) "Health officer," unless otherwise modified, means the county health officer, acting as the health officer for the City of Richmond, his medical deputies, his sanitarians, or his duly authorized representatives.

(h) "Itinerant food-handling establishment" means one which operates for a temporary period in connection with a fair, carnival, circus, public exhibition, or other similar gathering.

(i) "Person" means any individual, firm, copartnership, corporation or association.

(a) No person shall operate a food-handling establishment without a valid, unrevoked, unsuspended permit from the health officer, except that a person operating a food-handling establishment pursuant to a permit previously issued by the City pursuant to the prior codified Chapter 9.16 of this Code may continue to operate under the existing permit. Operation under the existing permit shall be valid until a new permit is issued or denied under this chapter and the existing permit may be suspended or revoked pursuant to the provisions of this chapter concerning the suspension or revocation of permits issued under this chapter. In any establishment where separate operations are under separate management or ownership, each operation shall have a separate permit. Permits shall be conditioned on compliance with all laws and regulations applying to the licensed person, premises, or operation. Permits shall be issued only on written application, on forms provided by the health officer, containing the information regarding the applicant and the premises or operation involved that the health officer deems necessary to facilitate enforcement of this chapter. Permits shall be dated, shall contain the name of the permittee and shall briefly describe or identify the licensed premises or operation.

(b) Permits shall be valid to and including the last day of the calendar year in which issued unless sooner suspended or revoked.

(c) Permits shall not be transferable from one establishment, location, or premises to another.

(d) Each permit shall be displayed in a conspicuous place.

(e) No permit is required for vehicles transporting food to food-handling establishments.

(f) No permit shall be issued by any City agency to any person proposing construction, reconstruction or alteration of a structure for use as a food-handling establishment until the plans that relate to this chapter have been approved by the health officer.

(a) Upon sale or transfer of a food-handling establishment, the permit for its operation shall be void until a new application is approved.

(b) Inspection fees for operations commencing between annual billing periods shall be prorated on a monthly basis.

All food-handling establishments shall comply with all applicable statutes, ordinances, and regulations of federal, state, and local agencies. Exemption from permit or fee under this chapter does not constitute exemption from sanitary requirements set forth in this chapter.

Every establishment where fresh meat is cut shall have a two-compartment metal sink with metal drain boards located conveniently to the meat department, with an adequate supply of hot and cold water under pressure. This sink shall be used exclusively for washing utensils commonly used by meat cutter.

This section does not apply to those establishments in existence before January 12, 1970 having a single compartment sink which effectively meets the requirements of this chapter and any other applicable statutes, ordinances and regulations governing the sanitization of utensils. When a sink is replaced, it must meet the requirements of this section.

All readily perishable foods must be maintained at either forty-five degrees Fahrenheit or lower or at one hundred forty degrees Fahrenheit or higher when in storage, on display or in transit. Accurate Fahrenheit thermometers, suitable for measuring temperatures of food, shall be conspicuously affixed to food storage equipment, where possible, or shall be available at every establishment. Waste water from refrigeration equipment in fixed establishments shall be disposed of into an approved sanitary sewage disposal system through an indirect connection. Except for properly handled game, only food intended to be sold or served to the public shall be kept in refrigerated storage cabinets.

The following items are determined to be readily perishable:

Custard and creme-filled pastries, both real and synthetic; prepared salads with dressing; sandwiches using mayonnaise or salad dressing in the filling; and precooked meat, poultry, and fish products not hermetically sealed.

A permit may be granted by the health officer to allow trained watchdogs on food establishment premises in accordance with the following procedure:

(a) Upon the application of the operation of a food establishment for a permit to keep a trained watchdog on a food establishment premises, the health officer shall obtain the recommendation of the chief of police concerning the need for a trained watchdog on the premises.

(b) If the chief of police certifies that a police problem exists on the premises and that a watchdog would be of assistance, the health officer may issue a permit to allow a trained watch dog on the premises under the provisions of this section.

(c) The watchdog must be trained as a police dog to the satisfaction of the chief of police.

(d) The watchdog shall be kept in an area on the premises to be designated by the health officer in such a manner that it shall not come in contact with food.

(e) The health officer may stipulate any conditions concerning the care and handling of the watchdog which he deems necessary to provide for cleanliness on the premises.

(f) The health officer may cancel any permit issued under the provisions of this section or issued pursuant to prior Chapter 9.16 of this Code at any time if any violation of the conditions of the permit occur. A permit previously issued pursuant to prior Chapter 9.16 of this Code for the purpose provided for in this section shall remain valid unless canceled pursuant to this section.

Where the health officer himself or his medical deputy in charge makes a written finding that the public health is endangered by some act, omission, or condition regulated in this chapter, in connection with any premises or operation permitted under this chapter, he may order the immediate cessation of the act, abatement of the condition, or action to correct the condition, and he may order the temporary emergency suspension of the food-handling permit and its removal from the person or premises and may post notice of this action in a conspicuous place. Emergency suspension is in addition to and not limited by nor in derogation of any other authority or power which the health officer may have under other statutes and regulations. Emergency suspension, as distinct from any other action authorized by law, is effective for five days, including the first day on which the permit is suspended. During that period any activity regulated by this chapter is unlawful. At the end of that period, or sooner, if a finding is made that the public health is no longer endangered the permit becomes valid again, unless a hearing is ordered.

Where a written complaint is filed with or by the Health Officer, that some applicable law or regulation is being violated by any person, premises, or operation required to be licensed under this chapter, he may order a hearing. After hearing, he may suspend the permit for not more than ninety days, or until he is assured of compliance with applicable laws or regulations, whichever is less, and he may post notice of this action in a conspicuous place. At the end of the period, or when the health officer is satisfied of compliance, the permit becomes valid again. During that period any activity regulated by this chapter is unlawful.

A permit may be revoked and confiscated if it has been suspended once and violations of this chapter or other applicable laws or regulations or acts or omissions endangering the public health continue, and if the health officer or his medical deputy in charge makes a written finding that correction of the situation is impracticable and that the public health is endangered. The health officer may post notice of his action in a conspicuous place.

In the case of hearings under Section 9.16.120, written notice shall be delivered to the person involved or in charge of the premises or operation at least forty-eight hours before the hearing. Other hearings shall be preceded by written notice, personally delivered or mailed to the person to whom the permit was issued at the latest address on file with the health officer not less than five nor more than fifteen days before the hearing date. The hearings shall be in the main office of the county health department, unless some other location is specified in the notice. The hearings shall be conducted by the health officer or his medical deputy in charge. Hearings may not be continued or postponed longer than ten days from the original date without the consent of the permittee.

An appeal may be taken from the results of any hearing to the City Council by written notice of appeal, stating fully the matters or action appealed from the grounds for the appeal, which must be filed with the City Clerk within fifteen days from the action appealed from. The City Council must then schedule the appeal for hearing within thirty days of the filing of the notice of appeal.

(Source: Ordinance No. 337 N.S.)